Services excluded from 100 SMS per day limitation

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F.No.341-3/2011-CA (QoS)

Telecom Regulatory Authority of IndiaMahanagar Doorsanchar Bhavan,

Jawaharlal Nehru Marg, Next to Zakir Hussain College,New Delhi – 110 002.

Dated the 27th September, 2011

DIRECTION

Subject: Direction under section 13, read with sub-clauses (i) and (v)of clause (b) of sub-section (1) of section 11 of the TelecomRegulatory Authority of India Act, 1997 (24 of 1997),regarding exemption from the limit of one hundred SMSper SIM per day for non-commercial communicationscategories.

F.No.341-3/2011-CA(QoS)---- Whereas the Telecom Regulatory Authority

of India (hereinafter referred as the Authority), established under sub-

section (1) of section 3 of the Telecom Regulatory Authority of India Act,

1997 (24 of 1997) (hereinafter referred to as TRAI Act), has been

entrusted with discharge of certain functions, inter alia, to regulate the

telecommunication services, ensure technical compatibility and effective

inter-connection between different service providers, lay-down thestandards of quality of service to be provided by the service providers and

ensure the quality of service and conduct the periodical survey of such

services provided by the service providers so as to protect the interest of

the consumers of telecommunications service;

2. And whereas the Authority had, in exercise of the powers conferred

upon it under section 36, read with sub-clauses (v) of clause (b) of sub-

section (1) and clause(c) of sub-section (1) of section 11 of the TRAI Act,

made the Telecom Commercial Communications Customer Preference

Regulations, 2010 (6 of 2010) dated the 1st December, 2010, (herein after

referred to as the regulations) to regulate unsolicited commercial

communications;



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3. And whereas clause (k) of sub-regulation (2) of regulation 20 of the

regulations provides that no Access Provider shall provide to any person,

other than a telemarketer registered with the Authority, any tariff plan

or SMS package in any form such as special recharge voucher, student

pack, seasonal pack etc. permitting sending of more than one hundred

SMS per day per SIM except on ‘blackout days’ and additional days as

may be specified by the Authority by direction issued from time to time

and all such SMS packages already provided to any such person shall

not be renewed after their expiry;

4. And whereas clause (ka) of sub-regulation (2) of regulation 20 of

the regulations provides that no Access Provider shall permit sending of

more than one hundred SMS per day per SIM;

5. And whereas clause (kb) of sub-regulation (2) of regulation 20 of

the regulations further provides that the Authority may by direction,

from time to time, specify the category of SMS which shall be excluded

from the limit of one hundred SMS per day per SIM;

6. And whereas the Authority received representations from the

customers, telecom service providers and their associations stating that

in view of the restriction imposed by the clause (k) of sub-regulation (2) of

regulation 20 of the regulations, the customers who need to send non-

commercial messages to their employees, agents etc. for their genuine

day to day operational requirement are not able to send such messages

exceeding one hundred messages per day per SIM;

7. And whereas the Authority has duly considered the

representations referred to in the preceding para and is of the view that



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non-commercial communication under certain categories need to be

excluded from the limit of one hundred SMS per day per SIM;

8. Now therefore, the Authority, in exercise of the powers conferred

upon it under section 13, read with sub-clauses (i) and (v) of clause (b) of

sub-section (1) of section 11 of the Telecom Regulatory Authority of India

Act, 1997 (24 of 1997) and clause (kb) of sub-regulation (2) of regulation

20 of the Telecom Commercial Communications Customer Preference

Regulations, 2010 (6 of 2010), hereby directs all Access Providers to

exclude the following persons from the limit of one hundred SMS per day

per SIM:-

(i) Dealers of the Telecom Service Providers and DTH Operators for

sending request for electronic recharge on mobile numbers;

(ii) e-ticketing agencies for responding to e-ticketing request made

by its customers;

(iii) The social networking sites - Facebook, Twitter, Orkut, LinkedIn

and GooglePlus to its members pertaining to activities relating to

their accounts based on their verifiable options;

(iv) Agencies providing directory services – Justdial, Zatse, Callezee,

Getit and Askme.

9. The Access Provider shall, before excluding the persons referred in

para 8 above, obtain an undertaking from such person that he shall not

use the said facility in any manner for sending commercial

communications.

(A. Robert Jerard Ravi)

Advisor (QoS & SP) ToAll Access Providers

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Services excluded from 100 SMS per day limitation